IV 

House Calendar No. 133 

113TH CONGRESS 

2D SESSION H. RES. 644 

[Report No. 113–569] 

Condemning and disapproving of the Obama administration’s failure to comply with the lawful statutory requirement to notify Congress before 

releasing individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and expressing national security concerns over the 

release of five Taliban leaders and the repercussions of negotiating with 

terrorists. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2014 

Mr. RIGELL (for himself, Mr. RIBBLE, Mr. BARROW of Georgia, and Mr. 

RAHALL) submitted the following resolution; which was referred to the 

Committee on Armed Services 

JULY 31, 2014 

Additional sponsors: Mr. AUSTIN SCOTT of Georgia, Mr. STUTZMAN, Mr. 

HARRIS, Mr. GERLACH, Mr. WITTMAN, Mr. HURT, Mr. STEWART, Mr. 

RICE of South Carolina, Mr. DESJARLAIS, Mr. THORNBERRY, Mr. 

LANCE, Mr. SMITH of Texas, Mr. HUNTER, Mr. WILSON of South Carolina, Mr. GOODLATTE, Mr. PEARCE, Mr. MCKEON, Mr. GRIFFIN of Arkansas, Mrs. WALORSKI, Mr. CHABOT, Mr. LANKFORD, Mr. COOK, Mr. 

WEBER of Texas, Mr. COLLINS of New York, Mr. SALMON, Mr. YOHO, 

Mr. SOUTHERLAND, Mr. COTTON, Mr. WOLF, Mr. FORBES, Mr. PERRY, 

Mr. STIVERS, Mr. ROKITA, Mr. SMITH of Nebraska, Mr. LONG, Mr. 

BYRNE, Mr. MESSER, Mr. PRICE of Georgia, Mr. ROE of Tennessee, Mr. 

SENSENBRENNER, Mr. KINGSTON, Mr. WOODALL, Mr. CONAWAY, Mr. 

PALAZZO, Mr. BUCHANAN, Mr. RODNEY DAVIS of Illinois, Mr. 

FITZPATRICK, Mr. DENHAM, Mr. BROOKS of Alabama, Mr. TURNER, Mr. 

GOHMERT, Mr. COLE, Mr. SCHOCK, Mr. GOSAR, Mr. GRIFFITH of Virginia, Mr. NUGENT, Mrs. BLACKBURN, Mr. SHUSTER, Mr. MARINO, Mrs. 

BACHMANN, Mrs. HARTZLER, Mr. CARTER, Mrs. NOEM, Mr. WOMACK, 

Mr. MULVANEY, Mr. HULTGREN, Mrs. ELLMERS, Mr. LAMALFA, Mr. 

MCKINLEY, Mr. MILLER of Florida, Mr. FLEMING, Mrs. BLACK, Mr. 

POMPEO, Mr. KLINE, Mr. DESANTIS, Mr. JONES, Mr. CRAWFORD, Mr. 


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•HRES 644 RH 

HENSARLING, Mr. COBLE, Mr. CALVERT, Mr. NUNNELEE, Mr. 

WENSTRUP, Mr. BENTIVOLIO, Mr. BARLETTA, Mr. LOBIONDO, Mr. 

LATTA, Mr. ADERHOLT, Mrs. WAGNER, Mr. CAMPBELL, Mr. SAM JOHNSON of Texas, and Mr. CRAMER

JULY 31, 2014 

Reported with amendments, referred to the House Calendar, and ordered to 

be printed 

[Strike out the preamble and insert the part printed in italic] 

[Strike out all after the resolving clause and insert the part printed in italic] 

RESOLUTION 

Condemning and disapproving of the Obama administration’s 

failure to comply with the lawful statutory requirement 

to notify Congress before releasing individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba, 

and expressing national security concerns over the release 

of five Taliban leaders and the repercussions of negotiating with terrorists. 

Whereas section 1035 of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 

801 note) clearly requires the Secretary of Defense to notify the appropriate committees of Congress at least 30 

days before the transfer or release of an individual detained at United States Naval Station, Guantanamo Bay, 

Cuba; 

Whereas, on May 31, 2014, the Department of Defense executed the release of five senior Taliban detainees held at 

United States Naval Station, Guantanamo Bay, Cuba; 

Whereas the five released Taliban detainees are all senior 

Taliban leaders: Abdul Haq Wasiq was the Taliban Deputy Minister of Intelligence, Mullah Norullah Noori was 

the Taliban military commander at Mazar-e-Sharif, 


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•HRES 644 RH 

Mullah Mohammad Fazl was the Taliban Deputy Minister of Defense, Khairullah Said Wai Khairkwa was the 

Taliban Minister of Interior, and Mohammad Nabi Omari 

was the Taliban commander of secret police; 

Whereas these five senior Taliban leaders have associations 

with al-Qaeda or have engaged in hostilities against the 

United States or its coalition partners; 

Whereas these five senior Taliban detainees held leadership 

positions within the Taliban when it provided safehaven 

for al-Qaeda to conduct planning, training, and operations for the September 11, 2001, attacks; 

Whereas the President has stated that there is ‘‘absolutely’’ 

a possibility of the released detainees returning to activities that are detrimental to the United States, and, according to media reports, United states intelligence officials told members of the Senate that four of the five detainees are expected to return to the battlefield; 

Whereas Secretary Hagel stated before the Committee on 

Armed Services of the House of Representatives on June 

11, 2014, that the threat, ‘‘should these five detainees return and reintegrate with the Taliban, their focus would 

almost certainly be on Taliban efforts inside Afghanistan,’’ where the United States and coalition partners 

will retain military and civilian personnel; 

Whereas in 2010, after an extensive evaluation meant to 

identify detainees who could be transferred out of the detention facility at United States Naval Station, Guantanamo Bay, Cuba, the Obama administration determined 

that these five should remain in United States detention 

because they were ‘‘too dangerous to transfer’’ because 


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each ‘‘poses a high level of threat that cannot be mitigated sufficiently except through continued detention’’; 

Whereas the Obama administration negotiated, through intermediaries in the Government of Qatar, with the Taliban, 

with whom the United States remains engaged in active 

combat, and with the Haqqani Network, which the State 

Department has designated as foreign terrorist organization, and who had held Sergeant Bowe Bergdahl captive; 

Whereas congressional notification was not received until 

June 2, 2014, three days after such individuals were released, and 33 days after the date on which such notification was required by law; 

Whereas the Obama administration admits that it made no 

effort to comply with the 30-day notification requirement; 

Whereas Obama administration officials acknowledge that approximately 80 or 90 employees within the administration 

were knowledgeable of the transfer of the five Taliban detainees prior to their release; 

Whereas the Obama administration has offered differing, unconvincing, and conflicting explanations of why it failed 

to comply with the 30-day notification requirement and 

has described the failure to notify Congress as an ‘‘oversight’’; 

Whereas article II, section 3 of the Constitution states that 

the President ‘‘shall take care that the laws be faithfully 

executed’’; 

Whereas, on January 15, 2009, the Office of Legal Counsel 

in the Department of Justice acknowledged that Congress possesses under article I of the Constitution ‘‘significant war powers’’, including legislative authority concerning the detention and release of enemy combatants; 


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•HRES 644 RH 

Whereas the Obama administration has complied with section 

1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 801 note) 

and section 8111 of the Department of Defense Appropriations Act, 2014 (Public Law 113–76) in all previous 

detainee transfers from United States Naval Station, 

Guantanamo Bay, Cuba, since the date of the enactment 

of each such Act; and 

Whereas the leadership and the leaders of the national security committees of the Senate and House of Representatives are on record, specifically in 2011, as opposing the 

transfer of detainees in exchange for a prisoner of war: 

Now, therefore, be it 

Whereas section 1035 of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 

801 note) requires the Secretary of Defense to notify the 

appropriate committees of Congress not later than 30 days 

before the transfer or release of any individual detained at 

United States Naval Station, Guantanamo Bay, Cuba 

(hereinafter referred to as ‘‘GTMO’’); 

Whereas on May 31, 2014, the Department of Defense transferred five Taliban detainees held at GTMO to the State 

of Qatar; 

Whereas according to declassified United States government 

documents, the five detainees were all senior Taliban leaders: Abdul Haq Wasiq was the Taliban Deputy Minister 

of Intelligence, Mullah Norullah Noori was the Taliban 

military commander at Mazar-e-Sharif, Mullah Mohammad Fazl was the Taliban Deputy Minister of Defense, 

Khairullah Said Wai Khairkwa was the Taliban Minister 

of Interior, and Mohammad Nabi Omari was the Taliban 

communications chief and border chief; 


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Whereas these five senior Taliban leaders have had associations 

with al-Qaeda or have engaged in hostilities against the 

United States or its coalition partners; 

Whereas these five senior Taliban detainees held leadership positions within the Taliban in Afghanistan when it provided safehaven for al-Qaeda to conduct planning, training, and operations for the September 11, 2001, attacks; 

Whereas in 2010, after an extensive evaluation meant to identify detainees who could be transferred out of the detention 

facility at GTMO, the Obama administration determined 

that these five should remain in United States detention 

because they were ‘‘too dangerous to transfer’’ because each 

‘‘poses a high level of threat that cannot be mitigated sufficiently except through continued detention’’; 

Whereas the President has stated that there is ‘‘absolutely’’ the 

‘‘possibility of some’’ of these former Taliban detainees 

‘‘trying to return to activities that are detrimental to’’ the 

United States; 

Whereas other former GTMO detainees that were transferred 

have become leaders of al-Qaeda affiliates actively plotting 

against the United States and are ‘‘involved in terrorist 

or insurgent activities’’; 

Whereas Secretary of Defense Chuck Hagel testified before the 

Committee on Armed Services of the House of Representatives that, pursuant to an agreement with Qatar, the five 

former detainees transferred in May would not be allowed 

to leave Qatar for one year, but after that date there would 

be no restrictions on the movement of the former detainees; 

Whereas notwithstanding the fact that Qatar is an important 

regional ally, after another GTMO detainee was transferred to Qatar in 2008, Qatar apparently had difficulty 


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implementing the assurances Qatar gave the United States 

in connection with that detainee’s transfer; 

Whereas senior officials in the Obama administration negotiated, through intermediaries in the government of Qatar, 

with the Taliban, and with the Haqqani Network, which 

the Department of State has designated as a foreign terrorist organization, and which held Sergeant Bowe 

Bergdahl captive; 

Whereas Secretary Hagel testified to the Committee on Armed 

Services of the House of Representatives that negotiations 

for the transfer of the five Taliban detainees in exchange 

for Sergeant Bergdahl began in January 2014; 

Whereas the General Counsel of the Department of Defense 

signed a memorandum of understanding with the Attorney 

General of the State of Qatar on May 12, 2014, regarding 

the security conditions for transfer of these five Taliban detainees; 

Whereas in addition to an unknown number of officials of 

Qatar, senior Obama administration officials acknowledge 

that approximately 80 or 90 individuals within the 

Obama administration were knowledgeable of the planned 

transfer of the five Taliban detainees prior to their transfer; 

Whereas Congress was not notified of the transfer until June 

2, 2014, three days after such individuals were transferred, 

and 33 days after the date on which such notification was 

required by section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 

U.S.C. 801 note) and section 8111 of the Department of 

Defense Appropriations Act, 2014 (Public Law 113–76); 


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•HRES 644 RH 

Whereas the Secretary of Defense, in consultation with the 

President and other senior Obama administration officials, did not comply with the 30-day notification requirement; 

Whereas article II, section 3 of the Constitution stipulates that 

the President ‘‘shall take care that the laws be faithfully 

executed’’; 

Whereas on January 15, 2009, the Office of Legal Counsel in 

the Department of Justice acknowledged that, under article 

I of the Constitution, Congress possesses legislative authority concerning the detention and release of enemy combatants; 

Whereas the Obama administration has complied with the law 

in all other detainee transfers from GTMO since the date 

of the enactment of prevailing law; and 

Whereas in 2011, after leaders of the Senate and House of Representatives expressed their bipartisan opposition to the 

prospective transfer of these Taliban detainees from 

GTMO, senior Obama administration officials assured 

these Senators and Members of Congress that there would 

be no exchange of Taliban detainees for Sergeant Bergdahl, 

and that any transfer of Taliban detainees that might otherwise occur would be part of a reconciliation effort with 

the Taliban and the Government of Afghanistan and that 

such a transfer would only take place in consultation with 

Congress pursuant to law: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) condemns and disapproves of the failure of 

3 the Obama administration to comply with the lawful 

4 30-day statutory reporting requirement in executing 


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1 the release of five senior members of the Taliban 

2 from detention at United States Naval Station, 

3 Guantanamo Bay, Cuba; 

4 (2) expresses grave concern over national secu5 rity implications that may arise due to the release of 

6 Taliban officials, including the national security 

7 threat to the people and Armed Forces of the United 

8 States and complications of the current efforts of 

9 the United States to combat terrorism worldwide; 

10 (3) expresses grave concern over the repercus11 sions of negotiating with terrorists, and the risk that 

12 such negotiations with terrorists may further en13 courage hostilities and the abduction of Americans 

14 as a means of further prisoner exchanges; 

15 (4) stipulates that further violations of the law 

16 set forth in section 1035 of the National Defense 

17 Authorization Act for Fiscal Year 2014 (Public Law 

18 113–66; 10 U.S.C. 801 note) and section 8111 of 

19 the Department of Defense Appropriations Act, 

20 2014 (Public Law 113–76) are unacceptable; 

21 (5) declares grave misgivings about the prospect 

22 of any other similar transfers from United States 

23 Naval Station, Guantanamo Bay, Cuba, even if un24 dertaken pursuant to statutory requirements; and 


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•HRES 644 RH 

1 (6) expresses that the Obama administration’s 

2 release of the five detainees has burdened unneces3 sarily the trust and confidence in the administra4 tion’s commitment and ability to constructively en5 gage and work with the legislative branch, and 

6 therefore works against what is in the best interest 

7 of the people of the United States. 

8 That the House of Representatives— 

9 (1) condemns and disapproves of the failure of 

10 the Obama administration to comply with the lawful 

11 30-day statutory reporting requirement in executing 

12 the transfer of five senior members of the Taliban 

13 from detention at United States Naval Station, 

14 Guantanamo Bay, Cuba; 

15 (2) expresses grave concern about the national se16 curity risks associated with the transfer of five senior 

17 Taliban leaders, including the national security 

18 threat to the American people and the Armed Forces 

19 of the United States; 

20 (3) expresses grave concern over the repercussions 

21 of negotiating with terrorists, even when conducted 

22 through intermediaries, and the risk that such nego23 tiations with terrorists may further encourage hos24 tilities and the abduction of Americans; 


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1 (4) stipulates that further violations of the law 

2 set forth in section 1035 of the National Defense Au3 thorization Act for Fiscal Year 2014 (Public Law 

4 113–66; 10 U.S.C. 801 note) and section 8111 of the 

5 Department of Defense Appropriations Act, 2014 

6 (Public Law 113–76) are unacceptable; 

7 (5) expresses that these actions have burdened 

8 unnecessarily the trust and confidence in the commit9 ment and ability of the Obama administration to 

10 constructively engage and work with Congress; and 

11 (6) expresses relief that Sergeant Bergdahl has 

12 returned safely to the United States. 

Amend the title so as to read: ‘‘Resolution condemning and disapproving of the failure of the Obama 

administration to comply with the lawful statutory requirement to notify Congress before transferring individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and expressing concern about the national security risks over the transfer of five Taliban 

leaders and the repercussions of negotiating with terrorists.’’. 


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House Calendar No. 133 

113TH CONGRESS 

2D SESSION H. RES. 644 

[Report No. 113–569] 

RESOLUTION 

Condemning and disapproving of the Obama adsions of negotiating with terrorists. lease of five Taliban leaders and the repercus- pressing national security concerns over the re- Naval Station, Guantanamo Bay, Cuba, and ex- releasing individuals detained at United States statutory requirement to notify Congress before ministration’s failure to comply with the lawful 

JULY 31, 2014 

Reported with amendments, referred to the House 

Calendar, and ordered to be printed 


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